My ex-husband has violated our agreement extensively. He says “he doesn’t care about legal stuff” and has even gone as much as blocked me on his phone at least 30 times in 6 months from being able to have open lines of communication with the kids when they are with him. This is just one clause, he is still drinking excessively (endangering kids), drives them drunk, leaves them in hot cars to get cigars, smokes cigars in their present, calling me names in front of them and speaking badly of me, etc etc. These are all specifically outlined in our agreement that he is not to violate. We split because of domestic violence which he was arrested for, and laws still make it easy for him to have a significant amount of time with them which I find hard to accept. My prior lawyers say that you could file motions but they would just tell him to stop and likely not much would change, they suggested hiring a PI to help with evidence, but I’m tired of this all - why is this so hard to enforce and whats the point of having them?
If you have a separation agreement, you will need to file a breach of contract lawsuit to enforce its terms.
Also, if your child custody terms are in a separation agreement, you can file a new child custody lawsuit against your ex-husband.
If you have a court order, you will need to file a show cause/contempt motion for willful failure to follow the terms of the court order.
If child custody is addressed in a court order and there has been a substantial change in circumstances affecting the wellbeing of the minor children since the entry of the current order, you may also be able to file a motion to modify custody.
If you believe there is an imminent safety issue or danger for the children, you can make a CPS report or call 911.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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